When does practical completion occur under a building subcontract?
The answer depends on the subcontract mechanism. Under the form considered in Vascroft, the subcontractor's written notice starts the process; silence, dissent and failure to agree each produce different contractual consequences.
Serve the contractual completion notice promptly and follow the response machinery to a fixed date
Where the subcontract uses the mechanism considered in Vascroft, the subcontractor gives written notice of the date on which it considers its works practically complete. If the contractor does not dissent within the stated period, the notified date is deemed to be the completion date. If the contractor dissents and no date is agreed, completion is tied to certified completion of the main works. Failure to give the notice does not improve the subcontractor's position: under that wording, the same main-contract date applies. Current forms and amendments must be read rather than assumed to reproduce that machinery.
| Issue | Position |
|---|---|
| Subcontractor notice | Starts the contractual process |
| No timely dissent | Notified date may be deemed |
| Timely dissent | Seek agreement on a date |
| No agreement | Main-contract completion date may apply |
| No notice | May postpone the subcontract completion date |
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